Juridical Review Of Sharing Joint Assets As Banking Credit Collateral

Analysis of Decision Number 1436/Pdt.G/2017/PA.Ckr

Authors

  • Nuri Hidayati Universitas Bakti Indonesia
  • Widi Harsono Universitas Bakti Indonesia

Keywords:

Joint assets, Collateral, Credit Agreement

Abstract

Joint assets are property acquired by a married couple, husband and wife can act on their joint assets with the consent of both parties. Marital Property Law has an important position in family life even when the marriage is still ongoing. In an activity regarding money loans at a bank, there is usually a handover of debt guarantees provided by the debtor to the creditor. In this case the debtors use joint assets as collateral for their credit agreement. The purpose of writing this thesis is to determine the legitimacy of using joint assets as collateral and the status of these joint assets by analyzing various sources of applicable law in Indonesia. In this analysis, it was found that joint assets used as collateral for credit cannot be processed in terms of assets back and forth until the obligation debt of debtors is completed.

References

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Djuhaendah Hasan, Institution of material guarantees for land and other objects attached to the land in the concept of implementing the principle of horizontal separation (a concept in welcoming the birth of the institution of mortgage rights), Citra Aditya Bakti, Bandung, 1996, p. 233

Happy Susanto, Gono-Gini's Division of Assets When Divorce Occurs, Visi Media, Jakarta, 2008

Herowati Poesoko, Parate Executie Object of Mortgage Rights (Inconsistency of Norm Conflicts and Reasonable Reasoning in UUHT), Laks Bang PRESSindo, Yogyakarta, 2007, Page. 32

M. Anshary, Joint Assets in Marriage and Their Problems, Bandung, 2016, Mandar Maju, Page. 29

Soemiyati, Islamic Marriage Law and Marriage Law, Sixth Printing, Liberty, Yogyakarta, 2007, Page 12

Sonny Dewi Judiasih, Marital Property (Study of Equality of Rights and Position of Husband and Wife regarding Ownership of Assets in Marriage), PT. Refika Aditama, Bandung, 2015, Pg. 73

Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage

Wasmadan Wardah Nuroniyah, Islamic Marriage Law in Indonesia, Teras Yogyakarta, 2011, Page. 213

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Published

2024-04-02

How to Cite

Nuri Hidayati, & Widi Harsono. (2024). Juridical Review Of Sharing Joint Assets As Banking Credit Collateral: Analysis of Decision Number 1436/Pdt.G/2017/PA.Ckr. International Journal of Law and Society, 1(2), 07–14. Retrieved from https://international.appihi.or.id/index.php/IJLS/article/view/17